Foundation Articles of Association are essential documents required when establishing a non-profit organization in India under Section 8 of the Companies Act 2013. This document serves as the foundation's constitution, detailing its charitable objectives, governance structure, and operational framework. It's crucial for organizations seeking registration as a non-profit company, requiring approval from the Registrar of Companies and often reviewed by various regulatory authorities including the Ministry of Corporate Affairs and Income Tax Department. The Articles must explicitly state the foundation's non-profit nature, ensure no distribution of profits to members, and include provisions for utilizing all income towards charitable objectives. This document is particularly important as it forms the basis for maintaining tax-exempt status and ensures compliance with Indian charitable organization regulations.
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1. Preliminary: Contains interpretation clauses, definitions of key terms used throughout the Articles
2. Name and Registered Office: States the foundation's name and location of registered office
3. Objects of the Foundation: Details the charitable/non-profit purposes and objectives of the foundation, ensuring compliance with Section 8 of Companies Act
4. No Profit to Members: Explicitly states that no profits or dividends will be distributed to members, essential for non-profit status
5. Membership: Details classes of membership, admission procedures, rights and obligations of members
6. General Meetings: Procedures for conducting annual and extraordinary general meetings, voting rights and quorum requirements
7. Board of Directors: Composition of the board, appointment/removal procedures, powers and duties of directors
8. Management: Day-to-day management structure, roles of key officers, delegation of powers
9. Financial Management: Provisions for accounts, audits, investment policies and financial controls
10. Common Seal: Rules regarding the foundation's common seal and its usage
11. Indemnity: Provisions for indemnifying officers and directors in legitimate circumstances
12. Dissolution: Procedures for winding up and ensuring assets transfer to similar charitable organizations
1. Branch Offices: Include when foundation plans to operate multiple offices, detailing their establishment and management
2. Foreign Contributions: Required if foundation plans to accept international funding, ensuring FCRA compliance
3. Specific Program Committees: Include when foundation plans to have dedicated committees for specific charitable programs
4. Research and Publications: Include for foundations focusing on research activities and intellectual property management
5. Collaboration and Partnerships: Include when foundation plans regular collaborations with other organizations
6. Dispute Resolution: Detailed dispute resolution procedures, recommended for larger foundations
7. Electronic Communications: Include provisions for virtual meetings and electronic communications if needed
8. Reserve Funds: Special provisions for maintaining and managing reserve funds
1. Schedule I - Membership Forms: Standard forms for membership application and renewal
2. Schedule II - Board Committees: Detailed terms of reference for various board committees
3. Schedule III - Delegation of Authority: Detailed matrix showing delegated powers to various officers
4. Schedule IV - Code of Conduct: Detailed code of conduct for directors and key officers
5. Schedule V - Investment Policy: Detailed investment guidelines and restrictions
6. Schedule VI - Conflict of Interest Policy: Detailed procedures for handling conflicts of interest
7. Appendix A - Initial Members: List of founding members and their details
8. Appendix B - Initial Directors: List of first directors of the foundation
Relevant legal definitions
Act
Articles
Board
Board Meeting
Chairperson
Charitable Purpose
Committee
Company
Director
Electronic Mode
Financial Year
Foundation
General Meeting
Governing Body
Honorary Member
Income
Managing Director
Member
Memorandum
Office
Officer
Ordinary Resolution
Register of Members
Registered Office
Rules
Seal
Secretary
Special Resolution
Surplus
These Presents
The Foundation
In Writing
Month
Year
Proxy
Quorum
Register
Regulatory Authority
Resolution
Chief Executive Officer
Founding Member
Institutional Member
Life Member
Objects
Operating Guidelines
Program
Project
Property
Trust Property
Contribution
Donation
Grant
Beneficiary
Foreign Contribution
Investment
Articles
Board
Board Meeting
Chairperson
Charitable Purpose
Committee
Company
Director
Electronic Mode
Financial Year
Foundation
General Meeting
Governing Body
Honorary Member
Income
Managing Director
Member
Memorandum
Office
Officer
Ordinary Resolution
Register of Members
Registered Office
Rules
Seal
Secretary
Special Resolution
Surplus
These Presents
The Foundation
In Writing
Month
Year
Proxy
Quorum
Register
Regulatory Authority
Resolution
Chief Executive Officer
Founding Member
Institutional Member
Life Member
Objects
Operating Guidelines
Program
Project
Property
Trust Property
Contribution
Donation
Grant
Beneficiary
Foreign Contribution
Investment
Clauses
Interpretation
Name and Registration
Charitable Objects
Non-Profit Nature
Membership Rights
Membership Obligations
Board Composition
Board Powers
Director Appointments
Director Removal
Meeting Procedures
Voting Rights
Quorum Requirements
Financial Management
Asset Management
Investment Powers
Borrowing Powers
Annual Accounts
Audit Requirements
Common Seal Usage
Officer Appointments
Committee Formation
Program Management
Dissolution Procedures
Asset Distribution
Alteration of Articles
Indemnification
Conflict Resolution
Foreign Contributions
Records Maintenance
Compliance Requirements
Charitable Activities
Property Management
Fund Utilization
Member Liability
Branch Establishment
Partnership Powers
Document Execution
Electronic Communications
Reserve Funds
Winding Up
Name and Registration
Charitable Objects
Non-Profit Nature
Membership Rights
Membership Obligations
Board Composition
Board Powers
Director Appointments
Director Removal
Meeting Procedures
Voting Rights
Quorum Requirements
Financial Management
Asset Management
Investment Powers
Borrowing Powers
Annual Accounts
Audit Requirements
Common Seal Usage
Officer Appointments
Committee Formation
Program Management
Dissolution Procedures
Asset Distribution
Alteration of Articles
Indemnification
Conflict Resolution
Foreign Contributions
Records Maintenance
Compliance Requirements
Charitable Activities
Property Management
Fund Utilization
Member Liability
Branch Establishment
Partnership Powers
Document Execution
Electronic Communications
Reserve Funds
Winding Up
Relevant Industries
Non-Profit
Charitable Organizations
Education
Healthcare
Social Services
Environmental Conservation
Arts and Culture
Religious Organizations
Research and Development
Community Development
Humanitarian Aid
Philanthropy
Relevant Teams
Legal
Compliance
Finance
Administration
Board Secretariat
Corporate Governance
Risk Management
Programs
Operations
Grant Management
Relevant Roles
Chief Executive Officer
Managing Director
Board Chairman
Company Secretary
Legal Counsel
Compliance Officer
Foundation Director
Trustees
Board Members
Chief Financial Officer
Program Director
Operations Manager
Administrative Officer
Grant Manager
Finance Controller
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